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End User License Agreement of the Welcome to nightmare computer game

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE PRODUCT.

This license agreement of the end user of the computer game “Welcome to nightmare” (“Agreement”, “License”) governs the legal relationship between you, on the one hand, and the developer "AlexGames on the other hand.

This agreement is entered into by the parties in relation to the “Welcome to nightmare” computer game (“Game”), all software included in the Game and relating to the Game, all patches and addons to the Game, all online components of the Game, all sites with limited content. access and all other services in relation to the Game (including CD and / or DVD identification components), all alpha, beta, demo, pre-release, paid, free, gift versions of the elements listed above, and any related documentation (together "Software") .
The developer of "AlexGames" REALLY PROPOSES YOU TO PERSONALLY CONCLUDE AN AGREEMENT ON THE USE OF THE SOFTWARE UNDER YOUR AGREEMENT WITH ALL OF THE AGREEMENT.

PLEASE READ CAREFULLY THE TERMS OF THE AGREEMENT BEFORE PRESSING THE YES BUTTON AND ACCEPT THE TERMS OF THE AGREEMENT. By clicking the "YES" button to accept the terms of the Agreement, and / or by starting to use the Software, installing or copying the Software to your computer’s hard drive, RAM, or other storage device, you acknowledge that you have read this Agreement, understand and agree to comply with all of its conditions.

By clicking on the “No” button or otherwise refusing to click on the “Yes” button to accept the terms of the Agreement, you will refuse to offer to enter into an Agreement. If you do not agree to the terms of the Agreement, you must immediately (1) terminate the installation (or removal) and use of the Software and other materials related to the Software; (2) completely remove all copies of the Software and related files from your computer; (3) immediately return the Software together with the packaging and other materials included in the copy of the Software you purchased, as well as the original of the cash and / or sales receipt to the store where the Software was purchased, to return the money paid for the Software or exchange Software for another product, depending on the terms of the contract of sale of a copy of the Software, concluded between you and the seller. In the event of a return of the Software, the money returned to you by the merchant is the only indemnification for your damages and our only obligation related to the acquisition of the Software.

1. Provision of a License. "AlexGames" grants you, under a non-exclusive license, the right to personal non-commercial use of the Software under the terms of this Agreement and the accompanying documentation. You acquire the rights specified in this Agreement, and you acquire the right to receive additional content from "AlexGames" subject to acceptance of the terms of the Agreement and registration of the Software. Any commercial use of the Software is prohibited. You are also not allowed to transfer under sublicense agreements, rent or lease, or otherwise distribute the Software or the right to use the Software. The Agreement is valid from the moment of installation or other use of the Software and is valid until the earliest of the two events: (1) the termination of your use of the Software; (2) the termination of this Agreement. Some of the terms of the Agreement may apply to your use of online services related to the Software. In the event of a change in the terms of the Agreement, you will be notified of this further, and you will need to accept such conditions for future use of the Software. "AlexGames" SoftClub reserves all rights with respect to the Software not expressly granted to you in this Agreement.
2. Transfer of rights. In accordance with the technical protection tools that may be installed on your version of the Software (described in more detail below), you can permanently transfer all rights granted to you by "AlexGames" by this Agreement to a third party, provided that: a) you delete all copies Software and other materials related to the Software from all technical elements of your computer on which the Software and / or other materials related to the Software have been installed; b) you will not have any copies of other materials related to the Software; c) you have completely transferred all elements of the Software (including all components, multimedia and printed materials, a unique CD-ROM code and all updates) to a recipient located in the same country as you; d) the recipient has read and agreed to all the terms of this Agreement.

3. Primary License Terms. As stated in Section 1 of the Agreement, the rights specified in the Agreement will be granted to you only under the following conditions: A. You accepted the terms of the Agreement and clicked the "YES" button; B. You agree to comply with all terms of the Agreement until the moment when all elements of the Software will be removed from your computer; You will use the Software only on a computer that meets specifications; D. You have installed the security features described in Section 4 of the Agreement, and you agree not to delete such elements until all elements of the Software have been removed from your computer; You agree not to use any programs installed on your or any other computer that may modify the program code and / or other elements of the Software, except for modifications specifically mentioned in section 6 of the Agreement. In order to avoid different interpretations, the use of programs developed and / or published by AlexGames, intended to modify the Software in any way, including the creation of Modifications (as defined below), is not prohibited.
4. Restrictions. "AlexGames" owns the rights to all intellectual property contained in and / or related to the Software. Software contains intellectual property. You are prohibited from deleting notes on the rights to such objects and holders of such rights from your copy of the Software. You may not extract, modify, reinstall the source code, disassemble or otherwise recycle the Software. You do not have the right to copy, transfer copies of the Software to third parties, or rent, lease, lend, sublicense to third parties, distribute, publicly demonstrate, create materials derived from the Software (except as specifically provided for in Section 3 of the Agreement) or otherwise use the Software commercially (including, without any limitation, paid provision of playing time). You may not electronically or via the network transfer the Software from one computer, console or other platform to another, except as required by the technical protection measures described in this Agreement. You agree to use the Software solely in accordance with applicable law.

5. Security. During the installation and / or the first run, an online connection may be requested. You may not transfer your copy of the Software to a third party or transfer it to another computer.

6. Custom modifications. Provided that you fully comply with all the terms of this Agreement, AlexGames grants you the following rights under a non-exclusive license: (a) use the Software toolkit to create your own software modules ("Modules") and (b) create your own modifications to work with the Software (for example, user data files created without the use of software tools) (“Custom Transformations”, and Este with modules - "Modifications"). The following restrictions apply to your right to create Modifications: (1) Your Modifications must be compatible only with the full commercial version of the Software; (2) Your Modifications should not contain modified versions of the working files; (3) Your Modifications must not contain defamatory, discriminatory, pornographic, obscene, or other unlawful material; (4) Your Modifications must not violate the rights of third parties to intellectual property protected by law, including the rights to trademarks, commercial designations and other objects; (5) Your Modifications must not contain viruses or other malicious codes and programs; (6) You do not have the right to lease, sell, lease, lend for a fee, charge for use (by time or game sessions), or otherwise use commercially or commercially distribute your Modifications (including, among other things, creating paid game servers; creation of websites with paid download of Modifications, including sites that charge for the use of broadband connection; sale of Modifications in the network, in retail, by mail, etc.). Without limiting the general meaning of the foregoing, you acknowledge and agree that under no circumstances do you obtain the right or license to create any modification (with or without the use of software tools of the Software) of any part of the Software in order to create any data file executed a file or other compilation work intended for offline use, for working with a beta version or a demo version of the Software.
7. Distribution of Modules and Custom Transformations. Provided that you fully comply with all the terms of this Agreement, "AlexGames" grants you non-exclusive rights to distribute your Modules or Custom Transformations by providing other users with copies of the Module's program code or Custom Conversion (for example, via ftp, email, on disks, etc.). . d.) (“Distribute”).
8. Using Modifications "AlexGames". If you Distribute or allow third parties to Distribute Your Modifications, you hereby grant to AlexGames and / or its licensors, licensees, assignees the irrevocable gratuitous exclusive right to use and distribute your Modifications in any form and by any means, including those currently known time or subsequently invented, without limitation of the territory and duration; You also transfer the right to merge and other distribution of these Modifications to the discretion of "AlexGames" and / or its licensors, licensees, assignees. "AlexGames" will make all reasonable efforts to indicate your authorship if someone uses or Distributes Your Modifications. However, you hereby acknowledge and understand that the identification of you and / or any other author of the Modification may be difficult, and the failure to indicate the authorship of the Modification by AlexGames is not a violation of this Agreement and in no way limits the rights of AlexGames and / or its licensors, licensees, assignees to use and distribute any Modification.
9. Revocation of rights to modifications. "AlexGames" have the right at any time in its sole discretion to withdraw your right to publish your Modifications.
10. Termination. The Agreement may be terminated: (1) by you, by removing all elements of the Software from your computer and destroying such elements; (2) "AlexGames" if it is determined that you have used the Software improperly (not in accordance with the terms of this Agreement) (3) "AlexGames" immediately without notice if you do not fulfill any of the terms of the Agreement. Such circumstances may require AlexGames to: • close or suspend your accounts for the Software or other products proposed by AlexGames; terminate or limit your access to online resources offered by "AlexGames"; and require you to destroy all copies of the Software. You agree to comply with such a requirement immediately.

11. Disclaimer of Warranty on the Software. You understand and agree to the fact that you use the Software and the medium on which it is recorded, at your own risk and peril. Software and media are provided "as is". Unless otherwise provided by applicable law, "AlexGames" warrants that upon initial purchase of the Software, the data carrier is supplied free from defects. Warranty period is 90 days from the date of purchase. The warranty does not apply if the defect on the carrier arose due to an accident, violation of operating rules, negligence or improper use.

12. Disclaimer for other content. "AlexGames" may include third-party drivers and other software tools to assist in the installation and operation of the Software (together, "Drivers"). "AlexGames" does not guarantee Drivers, and you agree to use the Drivers at your own risk. The drivers are not part of the Software and their use is not governed by the terms of the Agreement, with the exception of this provision.
13. Disclaimer of general liability. EXCEPT FORCES "AlexGames" DOES NOT WARRANT THAT THE SOFTWARE WILL WORK TO MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION PROVIDED BY "AlexGames" OR THEIR AUTHORIZED REPRESENTATIVES ARE A WARRANTY AND DO NOT INCREASE THE SPHERE OF THE PROVIDED WARRANTY. IN SOME REGIONS, LEGISLATION DOES NOT ALLOW THE EXCLUSION OF INDIRECT WARRANTIES, THEREFORE THE ABOVE MAY NOT APPLY TO YOU.

14. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, "AlexGames" (OR LIZENZIATY, LICENSORS, AGENTS, EMPLOYEES AND OTHER PERSONS) BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE, INCLUDING DAMAGES ARISING OUT OF THE USE OR IMPOSSIBILITY OF USING THE PROGRAM, EVEN IF "AlexGames" WERE WARNED ABOUT THE POSSIBILITY OF SUCH DAMAGE. UNDERWEARING COURSE; YOU PAY FOR THE PURCHASE OF SOFTWARE.

15. Warranty against damages; injunction. You hereby exempt AlexGames from material and other liability and also undertake not to bring legal claims, claims for damages, claims related to and / or arising from your violation of the terms of this Agreement and / or other terms of use of the Software. You hereby acknowledge that you are aware of the fact that unauthorized use of the Software or any part of it or the use or Distribution of Your Modifications may cause irreparable damage to "AlexGames", with the result that "AlexGames" may not be sufficiently monetary compensation. You hereby acknowledge that you agree that "AlexGames" may resort to judicial protection and any other interim measures, including monetary compensation, to an appropriate restriction and / or prohibition on unauthorized use of the Software without the need to provide compensation or other compensation from "AlexGames". Your duties listed above in this section of the Agreement will remain in force, despite the cancellation or expiration of this Agreement.

16. SELECTION OF APPLICABLE LAW. For any claims (with the exception of claims for damages or injunctive relief), where the total amount of the claimed compensation is less than $ 10,000, the party requesting the injunction may not attend a court hearing for reasons of economic efficiency. In the event that one of the parties intends to appeal to the arbitration court, she undertakes to appeal to the arbitration court agreed by the parties. The arbitral tribunal and the parties must comply with the following rules: (a) the proceedings may be conducted by telephone or via the Internet, the specific method of conduct must be chosen by the Party that initiated the arbitration proceedings; (b) the arbitral proceedings do not provide for the personal appearance of the parties or witnesses, unless otherwise mutually agreed by the parties, and (c) the decision made by the arbitral tribunal can be challenged in any court within the framework of contractual jurisdiction. All claims made by you "AlexGames" must be resolved in accordance with this section of the Agreement. All claims filed in a manner not provided for in this section of the Agreement are considered to be filed unlawfully. In the event that you file a claim unlawfully, AlexGames may claim reimbursement of legal costs and expenses of up to US $ 1,000, provided that AlexGames notified you in writing that you filed the claim incorrectly and you did not withdraw such a claim in time.

17. Miscellaneous. None of the provisions of this Agreement replaces or takes away the right of AlexGames to use remedies for any violation of this Agreement or applicable law. If any of the terms of this Agreement is void, all other conditions continue to apply. This Agreement is the only document governing the legal relationship between you and AlexGames regarding the use of the Software, technical support (if available). This Agreement supersedes all prior and current oral and written agreements regarding the use of the Software and other matters governed by this Agreement.